Consultation on the draft Simple Procedure Rules

Nov 25, 2015

A consultation paper seeking views on the draft rules of court for simple procedure - a new procedure to replace the small claims and summary cause procedures in the sheriff court - is published by the Council today.

The creation of the new simple procedure was recommended by the Scottish Civil Courts Review which said “there is a particular need for changes to court practices and procedures in cases of low monetary value … so that people who do not have legal representation can enter and move through the court process effectively”.

Simple procedure is designed to be a speedy, inexpensive and informal procedure, usable by people who do not have legal representation to sort out problems about matters of lower monetary value. The rules have been drafted with the lay user in mind. They are intended to be accessible and understandable, and are structured in a way that guides the reader through the process.

The Courts Reform (Scotland) Act 2014 created the new simple procedure and gave the Court of Session powers to make the rules of court for the procedure. The SCJC has responsibility for developing draft rules of court and asked its Access to Justice Committee to take the work forward on these rules.

The consultation closes on Wednesday 2 March 2016 and the consultation responses will be published on the SCJC website.

A revised set of rules will be considered by the SCJC taking account of the responses received. Implementation of simple procedure is planned for the end of November 2016.